Calhoun - Torts - Fall 2004 - Long Outline

Calhoun - Torts - Fall 2004 - Long Outline - INTENTIONAL...

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Unformatted text preview: INTENTIONAL TORTS Battery : the prima facia case (meaning there was intent and harmful or offensive contact)-intent-unprivileged-harmful or offensive contact-cause (such contact caused something to happen) The act was intended, unprivileged (lacked any justification), no consent, no self-defense Section 13. BATTERY: HARMFUL CONTACT (pg 11) An actor is subject to liability to another for battery if (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and (b) a harmful contact with the person of the other directly or indirectly results . Section 18. BATTERY: OFFENSIVE CONTACT 1. An actor is subject to liability to another for batter if (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact and an offensive contact with the person of the other directly or indirectly results Liability Rules 1) Intended unlawful act 2) Intended harmful or offensive contact (Vosburg) 3) Intent to harm or injure (subjective) Intentional Tort Analysis Requires: 1. Intent-Desire - (cant really prove, might be able to prove through circumstantial evidence)-Knowledge to substantial certainty ( Garrett)-Recklessness (beyond mere negligence) [Lawfulness? Offensive?]- Unlawful intent or show an intended unlawful act (Vosburg) 2. Contact Nature of the Ps interest-autonomy/physical security (Vosburg)-dignity-emotional well-being 3. Privileges-consent-self defense-necessity-defense of personal property 4. Cause (requisite causal connection) Harm ordinary fault, carelessness = negligence (not recklessness) 1 Intent : Vosburg (student kicks another, leg deteriorates) What consequences must the D intend? Rule : In an action to recover damages for an alleged assault and battery, the victim must only show either that the alleged wrongdoer had an unlawful intention to produce harm or that he committed an unlawful act. Since kick was unlawful, then intention was unlawful.- Intent must be unlawful in order for there to be battery. This can be determined if it is shown that the intended act is unlawful, then the intent is unlawful. - No implied licesnse (like if they had been on playground)- Lawful = has to do with: -whatever the criminal law says-degree of violence of risk Why we like the Rule:-provides alternatives for other cases or instances-provides remedy for the P-helps secure the rights of individuals personal autonomy, the right of people to consent to situation in which they may normally expect.-Flexibility and adaptable rule to protect local autonomy-the P is held responsible, to some degree Why we dont like the rule:-This definition of unlawfulness is too broad and need to tighten down on those whos intentions are truly unlawful....
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Calhoun - Torts - Fall 2004 - Long Outline - INTENTIONAL...

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